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Contract – Lack of mutual assent dooms motion to enforce agreement
The edva denied defendant's motion to enforce a settlement agreement due to lack of mutual assent and incomplete agreement terms in Snyder v. Transdev Services, Inc.
Employment – Tortious interference claims against law firm partner are dismissed
Tortious interference claims against Mark Groves, managing partner at Glasser & Glasser PLC, were dismissed by the EDVA at Norfolk court.
Virginia Beach teachers, staff sue superintendent over health insurance cost
More than 100 Virginia Beach school employees sued superintendent Donald Robertson Jr., alleging fraud in the inducement after being hit with large insurance premium hikes post-contract.
Contract: Doctor alleges LLC breached promissory note and purchase agreement
Where the plaintiff alleged a limited liability corporation failed to pay monies owed under a purchase agreement and promissory note, his breach of contract claim against the individual members was dismissed. Individual members of a corporation cannot be held liable for the breach of a contract to which they were not a party.
Contract: Barge owner sues over unpaid invoices
Where a barge owner alleged the defendant failed to pay for four chartered barges, it was awarded $139,841.32 in actual damages plus pre and post-judgment interest and costs.
Contract: Man waited too long before pursuing $260,000 confessed judgment
Where a promissory note had a maturity date of March 25, 2013, the note holder’s September 2021 complaint for confessed judgment was filed too late. Although the note holder argued that the statute was tolled, this argument was rejected.
Contract: Court resolves attorneys’ fees dispute
Where a contract allowed a party to recover the fees it incurred successfully pursuing remedies, and its affirmative claims and its defense to the opposing party’s claims overlapped, the “common core of facts” doctrine justified its claim for fees incurred both in defending against claims and in pursuing its own claims.
Contract: Parol evidence required to construe ambiguous agreement
Where an agreement governing the distribution of a company’s assets was ambiguous on how a loan to one of the beneficiaries was to be repaid, the trial court must consider all relevant parol evidence.
Contract: Defendants prevail in suit over profit-sharing plan
Where a man sued his former employer and the profit-sharing plan provider, alleging he was provided incorrect information about the transfer of his funds to another company, the defendants were granted summary judgment. The plan administrator’s decision denying the employee’s claim was not an abuse of discretion; the plan provider was not a fiduciary and breached no duty and the man was not en[...]
Contract: Extrinsic evidence used to construe bill of sale
Where the parties disputed whether a bill of sale was for the sale of a nail salon or only certain items in the nail salon, but extrinsic evidence showed the intent was to sell the entire business, the circuit court’s finding was affirmed.
General contractor’s actions asserting indemnification fail
A contractor failed to state a claim for contractual indemnification where the language of its contracts was not an actionable indemnification provision and void for public policy reasons, a panel of the Virginia Court of Appeals has ruled.
Contract: General contractor’s indemnity clause violates Virginia law
Where a general contractor alleged five subcontractors had a duty to indemnify it against claims brought by an apartment building owner for property damage, but the indemnity clause required the subcontractors to indemnify the general contractor for its own negligence, it was void under Virginia law.
Verdicts & Settlements
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
- Premises Liability – Fall down stairs at resort results in injuries, death
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
Opinion Digests
- Criminal – Allen charge wasn’t abuse of discretion
- Evidence – Expert’s exclusion from trial deemed harmless
- Parent and child – Mother held in contempt for violating visitation order
- Criminal – Court refuses to continue trial despite missing witness
- Criminal – Meth defendant wasn’t entitled to sentencing safety valve
- Tort – Comments about plaintiff were protected opinions
- Real Property – Condo unit owner challenges expansion plans
- Criminal – Woman convicted of endangering her children’s lives
- Negligence – Neighbors ordered to pay $300,000 for boundary wall collapse
- Fraud – Court vacates fraud judgment against home sellers
- Employment – Former employee’s claims against ODU are narrowed
- Civil Rights – Civil rights suit was filed too late
